Bernards Twp. DWI Defense Attorneys
Bernards Driving Under the Influence (DUI) Drugs Charge Dismissed
Need a lawyer for a DUI arrest in Bernards? We can help. Here is a DUI case we successfully handled in the Bernards Township Court.
Recently, Travis J. Tormey represented a client who was charged with driving under the influence of drugs (DUI) in Bernards Township (Twp.), New Jersey. The defendant was pulled over by a state trooper for careless driving. When the state trooper approached the car, he suspected that the defendant was driving under the influence. She allegedly failed the field sobriety tests which were performed at the scene, and she was arrested for drunk driving (DWI). However, when she was placed on the Alcotest 7110 breath-testing device, she had a blood alcohol content (BAC) of .00%. The state trooper still believed that she may be under the influence of drugs, so he obtained a urine sample, and the case proceeded to court.
When Mr. Tormey received the discovery from the Bernards Township Municipal Prosecutor, there was one glaring omission, an ingredient which was needed for a drug DWI prosecution in New Jersey. The state failed to call a Drug Recognition Expert (DRE) to the scene to examine Mr. Tormey’s client to determine whether she was under the influence of drugs at the time of the stop. A DRE is a law enforcement officer trained to detect whether the driver is under the influence of drugs. The DRE performs a series of tests on the driver at the police station and makes a determination as to whether the driver is under the influence of drugs. The DRE also generates a detailed report as to the findings of the testing.
For Mr. Tormey’s client, the lab report came back positive for prescription drugs (which had been prescribed to the defendant by a doctor), but a positive drug test alone is inconclusive. Drugs can show up in a person’s system for a long time after use. For example, marijuana can show up in a person’s system a month after use. Therefore, without the DRE evaluation and report, the State was unable to prove beyond a reasonable doubt that the driver was under the influence of drugs at the time of operation of the motor vehicle. The DWI charge was dismissed. This was a major victory for the Tormey Law Firm and a massive relief for our client.
Charged with DUI Bernards NJ? We Can Help
To speak with one of our renowned DWI defense attorneys free of charge, contact our Hackensack offices anytime at (201)-330-4979. Also, check out Mr. Tormey’s in-depth video series about DWI charges in New Jersey on YouTube.